Shipley

First National Bank v. Shipley

Good Law
109 Cal. App. 194·1930 Cal. App. LEXIS 484·292 P. 996
Court of Appeal of CaliforniaOctober 25, 1930Docket No. 4138.California2,818 words

Opinion

Lead Opinion

Plaintiff and respondent, as the name implies, is a national banking corporation engaged in the banking business in the state of Illinois. Defendants and appellants Clement W. Shipley and Evelyn Shipley are husband and wife. Plaintiff, as a judgment creditor of defendant Clement W. Shipley, instituted the present action against defendants to have a certain assignment which said Clement W. Shipley had made to his wife of his interest in the estate of Faithful W. Ebey, deceased, annulled upon the ground that same was made without consideration and with intent to hinder, delay and defraud creditors, and particularly the plaintiff. By its complaint plaintiff also sought to have the administratrix of said estate enjoined from pay ing out or distributing any portion of said estate to said Evelyn Shipley. There was also a prayer for general relief. All of the defendants answered plaintiff’s complaint, denying any fraudulent intent in making said assignment and affirmatively alleging that same was made for a valuable consideration. A trial was had upon the issues thus joined, resulting in a judgment in plaintiff’s favor setting aside and annulling such assignment and enjoining said…

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